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Patent Invalidity Search
In the world of innovation, patents are powerful assets — but not all granted patents are unassailable. Many patents may be invalid due to prior art that was overlooked during examination. That’s where Patent Invalidity Searches come in.
At IP Brigade, we help you uncover prior art that can challenge the validity of an existing patent. Whether you are defending against an infringement claim, preparing for litigation, evaluating a patent for acquisition, or assessing licensing opportunities, our Patent Invalidity Search Services provide the critical insights you need to make informed legal and business decisions.
What is a Patent Invalidity Search?
A Patent Invalidity Search (also known as a Patent Validity Search) is conducted to determine whether a granted patent can withstand legal scrutiny. It involves identifying prior art—published patents, non-patent literature, or technical disclosures—that could potentially invalidate one or more claims of the patent in question.
The purpose of this search is to confirm the patent’s strength or identify grounds for revocation. Invalidity searches are typically used in:
- Patent infringement litigation (by defendants)
- Post-grant oppositions or reviews
- Due diligence during mergers and acquisitions
- Licensing negotiations or disputes
By revealing earlier disclosures that question a patent’s novelty or inventive step, IP Brigade’s invalidity search empowers you to challenge weak patents or defend your position strategically.
Our Patent Invalidity Search Process
We follow a systematic and evidence-based approach to ensure accuracy, depth, and actionable insight in every project.
1. Understanding the Target Patent
We begin with a thorough review of the patent, its claims, and scope. This includes understanding the invention’s technical features, key claims, and jurisdictional context.
2. Analysis of Patent Claims
Each independent and dependent claim is carefully analyzed to identify the core inventive concepts and determine which elements can be challenged through prior art.
3. File History Review
We examine the prosecution history of the patent to uncover any previously cited references, examiner rejections, and amendments. This helps identify potential weaknesses or inconsistencies in the granted claims.
4. Comprehensive Prior Art Search
Our experts perform an exhaustive global search across patent and non-patent literature, including:
- Granted and pending patents
- Scientific publications and journals
- Conference papers, theses, and whitepapers
- Product catalogs, manuals, and technical disclosures
We use advanced patent databases such as WIPO, USPTO, EPO, JPO, CNIPA, and Google Patents, ensuring complete worldwide coverage.
5. Claim Charting
Each relevant prior art reference is meticulously mapped against the challenged patent’s claims using claim charts. This visual representation highlights overlapping features, showing where prior art anticipates or renders the claims obvious.
6. Legal and Technical Analysis
Based on the claim mapping, our analysts and patent experts evaluate the anticipation (lack of novelty) and obviousness of each claim. We present this analysis in a structured, easy-to-understand report format.
7. Final Report and Recommendations
You receive a comprehensive report containing:
- Detailed prior art references
- Claim mapping charts
- Legal and technical analysis
- Conclusions on patent strength or invalidity potential
- Strategic recommendations for next steps
This empowers you to take decisive legal or business action based on factual and technical evidence.
Why Choose IP Brigade for Invalidity Searches?
Experienced Multidisciplinary Team
Our team of patent analysts, engineers, scientists, and IP attorneys brings cross-domain expertise, ensuring that every invalidity search is technically thorough and legally sound.
Comprehensive Global Databases
We have access to worldwide patent and non-patent literature databases, giving you confidence that no relevant prior art is missed.
Tailored and Actionable Reports
Every invalidity search report is customized to your objectives, whether for litigation, licensing, or due diligence.
Strategic Insight
We don’t just provide data — we deliver strategic analysis that strengthens your case or business negotiation.
Confidentiality and Accuracy
Your information is handled with the highest level of confidentiality and precision, maintaining the integrity of your case or transaction.
Industries We Serve
Our Patent Invalidity Search services cater to a broad range of industries, including:
- Pharmaceuticals & Biotechnology – For drug formulation and genetic patents
- Software & IT – For algorithmic and system patents
- Mechanical & Automotive Engineering – For machinery and design-related patents
- Electronics & Telecommunications – For device and process-related patents
- Medical Devices & Consumer Products – For technology validation and dispute defense
No matter the sector, IP Brigade delivers reliable, evidence-backed invalidity analysis that you can depend on.
Frequently Asked Questions (FAQs)
To find prior art that can challenge or invalidate the claims of an already granted patent.
During patent litigation, post-grant opposition, licensing, or corporate due diligence.
If earlier disclosures anticipate or make a patent’s claims obvious, the patent may be invalidated.
We search global patent databases, journals, research papers, and public disclosures.
Most searches are completed within 2–4 weeks, depending on scope and complexity.
Absolutely. All project details are handled under strict confidentiality agreements and secure systems.